Section 17(1) of the Land Compensation Act 1961 (LCA 1961) states that the right to apply for a section 17 certificate arises ‘where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers’. LCA 1961, s 22(2) states that this is only the case where: • for the purpose of a compulsory acquisition by that authority of land consisting of or including land in which that interest

The answer to this question will be a matter of construction of the Will as a whole (including, for example, whether the Will contains any reference to the applicability of section 33 of the Wills

As explained in the section, ‘Ascertaining consideration using the contingency principle’ in Practice Note: Stamp duty on transfers—consideration and calculation, the contingency principle for UK stamp duty purposes: • applies where, at the date of the instrument, the amount of consideration

Dispute Resolution analysis: Mr Justice Males has provided a clear illustration of the court’s approach when considering whether the actions of a party to an agreement amount to a repudiatory breach (whether individually or cumulatively) entitling the other party to accept the repudiation and bring the agreement to an end. As discussed in detail below, the judgment considers, in particular, the Heisler qualification and the court’s approach when faced with the potential overlap between the common law of repudiation and contractual provisions dealing with material breach.

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. What is a prohibited name? The rule is that a director of a company that goes into liquidation cannot use the name of that company in liquidation in a new business for five years, or he risks criminal and/or civil penalties. For further guidance see Practice Note: Prohibited names under section 216 of the Insolvency Act 1986. What is the available exemption? Under rule 4.228 of the Insolvency Rules 1986 if a director of an insolvent company who wishes to re use a prohibited name purchases the whole or substantially the whole of the business of that company under arrangements with its liquidator, or by an office holder

Finance Bill 2017 (FB 2017) contains a major adjustment to IR35 so that where a public sector body engages a worker through a personal service company (PSC), the obligation to ascertain whether IR35 applies and collecting and accounting for the relevant income tax and NICs, moves from the PSC to the public sector body (or the recruiting agency, if used by the body). For more on IR35, see Practice Note: IR35—the small client off-payroll regime. The provisions making these

The accrual of a cause of action in the case of a claim under an express indemnity will depend upon the terms of the contract: see eg Bosma v Larsen [1966] 1 Lloyd's Rep 22 (not available on Lexis®Library). Where the indemnity is a simple indemnity against liability, the cause of action

Limitation generally When seeking to bring a claim it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980 (LA 1980). A failure to do so could enable a defendant to have a complete defence against the claim. Statutory limitation periods seek to regulate the balance between interests which compete and sometimes conflict: • the interest of the claimant in having the most extensive opportunity to pursue claims for legal redress, and • the interest of the defendant in not having to defend stale proceedings because: ◦ it is unfair for the 'sword of Damocles' to hang over them indefinitely ◦ the passage of time causes memory to fade and evidence to be lost LA 1980, Pt I sets out the time limits, broadly identifying how long a claimant has to 'bring actions' against another party. For an Overview of the principal limitation

Limitation period The law in relation to the period of limitation applicable to both dishonest breach of trust and knowing receipt of funds paid in breach of trust was considered by the Supreme Court in Williams v Central Bank of Nigeria. In Williams, the Supreme Court considered whether section 21 of the Limitation Act 1980 (LA 1980) applied to claims for dishonest breach of trust and knowing receipt. That section provides, among other things: ‘No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action— in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy’ The court held

An assured shorthold tenancy is unlikely to have been granted by deed, so the limitation period applicable to breaches will be six years: section 5 of the Limitation Act 1980. For a claim for breach of the tenancy agreement, time begins to run from the date of the breach, absent

A person who lacks capacity to conduct legal proceedings within the meaning of the Mental Capacity Act 2005 (MCA 2005) is to be treated as under a disability for the purpose of the Limitation Act 1980 (LA 1980), see: LA 1980, s 38(2). Where a right of action accrues

There is a set way of calculating continuity for statutory rights under the Employment Rights Act 1996 (ERA 1996), such as unfair dismissal, which overrides any agreement in the contract of employment. It depends on: • when the continuous period starts • when the continuous periods ends • whether anything happened to break continuity between the start and the end • whether any period with another employer counts As to the start of employment, ERA 1996, s 211(1) provides that (subject to subsection (3) an employee's period of continuous employment for the purposes of the ERA 1996 begins with the day on which the employee starts work. A person's employment (by a particular employer)